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2017 DIGILAW 330 (GAU)

BUDHESWARI DAS v. STATE OF ASSAM

2017-03-16

AJIT SINGH, MANOJIT BHUYAN

body2017
JUDGMENT : Ajit Singh, J. The appellant is presently working as In-charge Headmistress in Kumar Panigaon M.V. School. According to her, she is entitled for promotion as regular Headmistress in the School. 2. Pursuant to our direction to seek instruction from the Education Department, the learned standing counsel for Elementary Education has produced communication dated 15.3.2017 received from the Deputy Director of Elementary Education, Assam. The communication reads as under: “GOVT. OF ASSAM OFFICE OF THE DIRECTOR OF ELEMENTARY EDUCATION, ASSAM KAHILIPARA, GUWAHATI-19 No.EHA/B/75/2012/Pt/188 Dated Kahilipara, the 15th March, 2017 To, The Sr. Standing Counsel for Education (Ele) Department, Hon’ble Gauhati High Court, Guwahati. Sub: WA No.251/2014 Smti. Budheswari Das vs. State of Assam & Others. Sir, With reference to the subject cited above, I am directed to say that promotion of Head Master in provincialised ME/MEM/MV are made Sub-Division wise as a whole unit on the basis of Select List as well as Gradation List after prepared by District Level Committee as per Guide line as laid down in the Govt. notification No.AEE.119/2009/42-A dated 02/03/2010. The District Elementary Education Officer, Nagaon has been asked to submit fresh Selection and Gradation List for promotion to the post of Head Master in ME/MEM/MV vide this office letter No.EMA(B)60/ 2015/Pt/82 dtd.09/12/2016 (copy enclosed). But the same has not yet been furnished by the DEEO, Nagaon. The appellant Smti. Budheswari Das, A/T is now holding the I/c Head Mistress of Kumar Panigaon MV School. On receipt of Selection and Gradation list the appellant will be promoted as regular Head Mistress. This is for favour of kind information and necessary action. Enclosed: As above Yours faithfully, Sd/Illegible Dy Director Elementary Education, Assam Kahilipara, Guwahati-19.” In the above quoted communication, it is clearly stated that immediately after making fresh selection and gradation list for promotion to the post of Headmaster, the appellant, who is presently working as In-charge Headmistress of Kumar Panigaon M.V. School, will be promoted as regular Headmistress. It is also stated that fresh selection and gradation list is under preparation. In the fact situation of the case, with the consent of the learned counsel for the parties, we finally dispose of this appeal with a direction to Respondent Nos.1 to 4 to ensure that fresh selection and gradation list for promotion to the post of Headmaster is made within a reasonable time, but not later than 6 months from today. In the fact situation of the case, with the consent of the learned counsel for the parties, we finally dispose of this appeal with a direction to Respondent Nos.1 to 4 to ensure that fresh selection and gradation list for promotion to the post of Headmaster is made within a reasonable time, but not later than 6 months from today. We also direct that immediately thereafter the appellant be promoted as Headmistress in the School. A copy of this order be supplied to the learned standing counsel for Education for information and compliance.